Madhya Pradesh Court April 1963 Judgments
Baboosingh Onkar Singh and anr. Vs. Bhagwanji Tejmal
Court: Madhya Pradesh
Decided on: Apr-30-1963
Reported in: AIR1964MP78
Newaskar, J.1. This second appeal arises out of execution proceedings and raises the question regarding competency of execution of an ex parte decree passed by the Bombay High Court as a Court in British India against the defendants who were residing in the State of Barwani which was one of the Indian Princely States.2. The Court of first instance held such a petition incompetent. But on appeal the learned District Judge Nimar-Barwani reversed that decision and held it to be competeat. This is a judgment-debtors' second appeal.3. Material facts necessary for consideration of this question are as follows:M/s. Bhagwanji Tejmal of Bombay obtained an ex parte decree from the original side of the Bombay High Court against the appellants in Civil Original Suit No. 55 of 1943 for Rs. 4761-7-0 inclusive of costs of 22nd of June 1943. The decretal amount carried interest at Annas eight per cent per month from the date of the decree till realisation.4. The plaintiff decrees-holder applied for tr...
Tag this Judgment!Shanti Swaroop Sharma Vs. Abdul Rehman Farooqui
Court: Madhya Pradesh
Decided on: Apr-29-1963
Reported in: AIR1965MP55
Pandey, J. 1. This appeal under Section 116A of the Representation of the People Act, 1951 (hereinafter called the Act), is directed against an order of the Election Tribunal, Chhindwara, dated 24 September 1962 whereby, on an election petition filed by Abdul Rehman Farooqui (respondent) whose nomination was rejected by the Returning Officer, the election of Shanti Swaroop Sharma (appellant) to the Madhya Pradesh Legislative Assembly from the Parasia constituency was declared to be void on the ground that the nomination of Abdul Rehman Farooqui was improperly rejected.2. Shanti Swaroop Sharma Las also filed First Appeal No. 8 of 1963 against another order passed by the same Tribunal on 22 December 1962 by which, on an election petition filed by an elector Shamshul Haque, the same election was again declared to be void on two grounds:(i) The nomination of Abdul Rehman Farooqui was improperly rejected. (ii) The returned candidate committed certain corrupt practices. This judgment shall ...
Tag this Judgment!Dalipram and anr. Vs. Chhabiram and anr.
Court: Madhya Pradesh
Decided on: Apr-25-1963
Reported in: AIR1964MP233
ORDERT.P. Naik, J.1. This appeal has come up before me on an office objection that it was barred by limitation. The appellants contend that the appeal is within time; and, in the alternative, they pray that the delay, if any, in the filing of the appeal be condoned under Section 5 of the Limitation Act.2. The only question that arises for consideration is whether the time spent in getting a certified copy of the judgment in civil appeal No. 69-A of 1961 could be 'excluded in computing the period of limitation for the filing of this second appeal.3. Civil Appeal No. 2-A of 1961 was decided by the District Judge, Raipur, on 25-9-1962 by an order which stated: 'For the reasons given in Civil Appeal No. 69-A of 1961, this appeal fails and is hereby dismissed.' The decree was filled in on 27-9-1962. Thereafter, the appellants obtained certified copies of the judgment and decree in civil appeal No. 69-A of 1961 and filed this appeal in the High Court on 5-1-1963; but, instead of filing, the ...
Tag this Judgment!Abdul Majid S/O MukeemuddIn Vs. State of Madhya Pradesh
Court: Madhya Pradesh
Decided on: Apr-25-1963
Reported in: AIR1963MP364; 1963CriLJ631; 1963MPLJ592
Naik, J. 1. This is an appeal by the accused-appellant Abdul Majid, who has been convicted by the Sessions Judge, Bhopal, under Section 302 of the Indian Penal Code for committing the murder of Murshad on 16-14962 in mohalla Ibrahimganj, Bhopal by strikng him once with a spear in the stomach and sentenced to imprisonment for life.2. The prosecution case is that on 16-1-1962, at about 7.30 a.m., there was a quarrel between the accused-appellant and the deceased over the flowing of drain water into a gravevard. The graveyard was adjacent to the house of the accused-appellant, and a drain carrying the dirty household water from his house flowed into the graveyard. The deceased, who was a 'Fakir', objected to it; while the accused-appellant resented his intervention. During the course of the quarrel, the accused-appellant, feeling piqued, went home, brought out a spear and stabbed the deceased with it once in the stomach. The deceased succumbed to his injuries,3. The post-mortem examinatio...
Tag this Judgment!Budhilal Deviprasad and anr. Vs. Jagannathdas Bajrangdar
Court: Madhya Pradesh
Decided on: Apr-24-1963
Reported in: AIR1963MP344; 1963MPLJ542
Naik, J.1. This is a Letters Patent Appeal against the judgment and decree of T.C. Shrivastava, J. in second appeal No. 757 of 1959, decided on 12-1-1962.2. The respondent (plaintiff) on 1-8-1944, characterising the suit transaction, as herein below set out, as a usufructuary mortgage, filed a suit for its redemption. The facts pleaded by him were that though he was in urgent need of Rs. 600/-for payment of land revenue, the defendants-creditors were unwilling to advance the amount on a simple transaction of money-lending but insisted on a deed of sale with a condition that they shall remain in possession of the property sold in lieu of interest and that the possession of it would be returned to him when he repaid the loan; that in terms of the aforesaid agreement, the plaintiff put the defendants in possession of this two sir fields, viz., Khasra No. 21/9, area 7.28 acres, and Khasra No. 24/4, area 3.00 acres, both situate at mouza Rehuta, tahsil Mungeli, district Bilaspur, and also e...
Tag this Judgment!Amichand Udayram Vs. Pratap Singh Harpal Singh and ors.
Court: Madhya Pradesh
Decided on: Apr-23-1963
Reported in: AIR1964MP23
Bhargava, J. 1. This appeal under Section 116A of the Representation of the People Act, 1951, (hereinafter called the 'Act') arises out of an election petition filed by the appellant Amichand before the Election Commission, New Delhi, in which he prayed that the electron of the first respondent, Pratapsingh, to the Madhya Pradesh Legislative Assembly from, pithora Constituency be declared void and that it be further declared that respondent No. 6 Nemichand had been duly elected from the said Constituency.2. The petition filed by the appellant was made over to the Election Tribunal, Raigarh, for trial. In his written statement, respondent No. 1 raised an objection on 7-7-1962 that the petition was liable to be summarily dismissed because it was not verified as required by law and hence there was no proper election petition for being inquired into by the Tribunal. The appellant thereupon made an application on 19-7-1962 under Order 6 rule 17 of tne Code of Civil Procedure read with Secti...
Tag this Judgment!Khubchand Baghel Son of Judawan Singh Vs. Vidyacharan Shukla Son of Ra ...
Court: Madhya Pradesh
Decided on: Apr-23-1963
Reported in: AIR1963MP306; 1963MPLJ570
Krishnan, J.1. This is an appeal under Section 116A of the Representation of the People Act, 1951 by the unsuccessful election petitioner (defeated candidate) for the Lok-sabha from the Parliamentary constituency of Mahasamund in the general election of 1962. The ground alleged was primarily of corrupt practices by the successful candidate-respondent No. 1, practices coming under Section 123(4) of the Act, by the publication and circulation by that candidate himself, and with his consent, by his agents and others, of the pamphlet (annexure I) at different places in the constituency during the second and the third weeks of February on approximately the dates mentioned in the petition and in the evidence.The Tribunal found that the contents of the petition did not amount to statements of fact in relation to the personal character or conduct of the petitioner calculated to prejudice his prospects in the election; it dismissed the petition, though it held at the same time that the publicat...
Tag this Judgment!Satya Prakash Vs. Bashir Ahmed Qureshi
Court: Madhya Pradesh
Decided on: Apr-22-1963
Reported in: AIR1963MP316; 1963MPLJ614
Dixit, C.J.1. This is an appeal under Section 116A of the Representation of the People Act, 1951, (hereinafter referred to as the Act) from a decision of the Election Tribunal, Rajnandgaon, declaring the election of the appellant Satya Prakash to the House of the People from Bilaspur parliamentary Constituency void on the ground that the respondent Bashir Ahmed's nomination had been improperly and illegally rejected.2. The material facts are not in dispute. The appellant Satya Prakash, the respondent Bashir Ahmed ana three other persons were candidates for election to the House of the People from the Bilaspur Parliamentary Constituency. On 22nd January 1962, the date fixed for the scrutiny of nomination papers, one Ramashankar Tiwari, who had proposed the appellant, raised the objection that the respondent Bashir Ahmed's nomination was not valid as he was a shareholder in 'The Combined Transport Services (Pvt.) Ltd., Bilaspur,' (hereinafter referred to as the Company), which had entere...
Tag this Judgment!The State of Madhya Pradesh Vs. Jogilal Keshrimal and anr.
Court: Madhya Pradesh
Decided on: Apr-19-1963
Reported in: AIR1965MP27; 1965CriLJ43
Krishnan, J. 1. The respondents who run a business in foodgrains at a place called Khetia on the border of the Maharashtra State have been acquitted by the First Class Magistrate, Sendhwa, of the offence of contravening one of the provisions of the Madhya Pradesh Foodgrain Dealers Licensing Order, punishable under Section 7 of the Essential Commodities Act of 1955. The contravention was their storing, in course of their business, 155 maunds of rice ore 16-2-1959 without a valid license. While finding the facts, as alleged by the prosecution, the learned Magistrate; held that the respondents were only guilty of 'haste and ignorance' and there was no mens rea; elsewhere he has suggested that the offence was only of 'technical, nature'. Accordingly he has acquitted them. In the State appeal it is pointed out that on the. facts themselves these appellants were liable to punishment especially because such contraventions' lead to extensive export to other States and sales at unconscionably h...
Tag this Judgment!Pyarelalsa Vs. Garanchandsa and ors.
Court: Madhya Pradesh
Decided on: Apr-18-1963
Reported in: AIR1965MP1; 1964MPLJ334
Shiv Dayal, J. 1. This second appeal arises from a suit for ejectment of the tenant and for recovery of arrears of rent. The trial Judge passed a decree for ejectment and also for Rs. 82.50 nP. on account of arrears of rent and mesne profits at the rate of Rs. 2.50 nP. pendente lite and future. The tenant appealed from this decree but the appeal was dismissed. He has now come up to this Court in second appeal. 2. For the purposes of the limited question which I am called upon to answer, the facts are these. Pyarchandesa, Hiralalsa and Anokchandsa were three brothers. They were members of the joint Hindu family to which the suit property belonged. Pyarchandsa had three sons, Garanchandsa, Keshrichandsa and Babulal. Garanchandsa is plaintiff 1, Kabulibai widow of Babulal, is plaintiff 2 and Jainmati Bai, widow of Keshrichandsa, is plaintiff 3. There was a partition of the joint Hindu Family in Samvat year 2011-12 (that is 1954-55). In this partition, the suit property was allotted to the...
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